5 October 2006

Queensland Industrial Relations Commission's Inquiry into the Impact of Work Choices

Hedy Cray

By Hedy Cray.

Key Points:
The Commission will consider submissions and evidence from parties who wish to express a concern about Work Choices, from parties who wish to express a positive view of the Work Choices legislation and from parties who wish to express a neutral view of the legislation.

On 21 August 2006, the Queensland Industrial Relations Commission's "Inquiry into the Impact of Work Choices on Queensland Workplaces, Employees and Employers" commenced at sittings in Brisbane.

Terms of reference

The Terms of Reference for the Inquiry, as directed by the Queensland Minister for Employment, Training and Industrial Relations and Minister for Sport, provide that the Commission is to:

1.  Consider mechanisms for employees to report incidents of unfair treatment as a result of the introduction of Work Choices.

2.  Inquire into incidents of unlawful, unfair or otherwise inappropriate industrial relations practices including:

(a)  the reduction in wages and conditions through Australian Workplace Agreements ("AWAs") or other collective agreements;

(b)  discrimination, harassment or the denial of workplace rights; and

(c)  unfair dismissal or other forms of unfair or unlawful treatment of employees.

3.  Consider the investigations and outcomes of similar inquiries in other states and territories in terms of their relevance to Queensland.

4.  Recommend a process for:

(a)  facilitating the regular reporting and examination of incidents of unfair treatment as a result of the introduction of Work Choices; and

(b)  monitoring and reporting to the Minister, on a regular basis, on industrial relations practices under Work Choices including their impact on employees and employers.

Submissions to inquiry

The Commission will consider submissions and evidence from parties who wish to express a concern about Work Choices, from parties who wish to express a positive view of the Work Choices legislation and from parties who wish to express a neutral view of the legislation.

A number of interim submissions from parties who wish to express a concern about Work Choices have already been filed with the Inquiry, including submissions by the Queensland State Government, various unions and assistance centres such as the Welfare Rights Centre. The Queensland State Government concluded in its interim submission that:

"At their core, the new laws are characterised by what they take away from employees and employers. They take away the protection of the no disadvantage test, they take away the protection from unfair dismissal, they take away the choice to operate in the state system of industrial relations. These are changes that have a direct impact on most Queensland workplaces and the way they do business, and have serious implications for the take home pay and job security of Queensland workers, particularly those with poor bargaining power."

The Inquiry has stated that no interim submissions have been filed by those who wish to express a positive view of the Work Choices legislation.

Sittings and time frames for Reports

The sittings in Brisbane will take place over a two week period, with a further two weeks allocated for hearings to take place in regional areas of Queensland. Two weeks have also been allocated for the hearing (in Brisbane) of submissions and evidence from those who wish to express a positive or neutral view in relation to the Work Choices legislation.

The Commission has stated that it will report on the facts as they are presented to the Inquiry.

In accordance with the Terms of Reference, the Commission is to provide:

• an interim report and recommendations within three months of the commencement of the inquiry; and
• a final report and recommendations within six months of the commencement of the inquiry.

For further information, please contact Hedy Cray.